Subodh Thakur @ Subodh Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80395 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Subodh Thakur @ Subodh Kumar Thakur Son of Late Jamadar Thakur R/o - Banpur Latif, P.S - janta Bazar, District - Saran ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 101 of 2024 instituted for the offences under Sections 341, 323, 325, 307, 504, 447, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that, on the alleged date and time of occurrence the accused persons came at the door of the informant and started abusing him and when the informant objected, they started assaulting him and when the informant's family members came to rescue, they also assulted them. It is further alleged that this petitioner assaulted one Raj Kishor Thakur on his head using sword, thereby causing
Patna High Court CR. MISC. No.80395 of 2024(3) dt.17-02-2025 2/3 injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. The only specific allegation against the petitioner is that he assaulted one Raj Kishor Thakur with sword due to which he sustained injuries on his head. It is further submitted that as per the injury report of Raj Kishor Thakur, the injury is grievous in nature caused by hard and blunt weapon which is not corroborated as per the allegation levelled in the FIR which creates doubt over the story set by the prosecution. Learned counsel further submitted that there is case and counter-case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of injury sustained by the injured, case and counter-case between the parties as also the period of custody undergone by the petitioner, this Court is inclined to grant bail
Patna High Court CR. MISC. No.80395 of 2024(3) dt.17-02-2025 3/3 to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar P.S. Case No. 101 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T